In-N-Out Burger continues attempts to open Beaverton-area location

PORTLAND, Ore. (KOIN) — In-N-Out Burger is still taking steps to open a location in the Portland metro area.

The California-based chain’s application to build a drive-thru at 10565 SW Beaverton-Hillsdale Hwy — in unincorporated Washington County — was denied by an independent hearings officer in 2022, due to a land use issue.

County officials previously explained the proposed location is split between a Commercial Business District and an Office Commercial district. While CBDs allow drive-thru restaurants, OCs rarely do so. A county spokesperson said the proposed location’s on-site parking and internal driving aisles would interfere with the OC space.

To challenge their denied application, In-N-Out representatives filed a motion to appeal the decision with the Oregon Land Use Board of Appeals in May 2023.

The board remanded the motion to appeal later in October, giving the burger chain another opportunity to discuss its potential Beaverton-area location.

At a public hearing held on Tuesday morning, Washington County Principal Planner Stephen Shane explained LUBA’s main issues with the proposed site: temporary permitting requirements and non-conforming use of land in the OC district.

According to documents, In-N-Out sought a temporary-use permit that would allow drive-thru customers to wait in the OC zone. Because temporary permits last up to one year in many cases, the chain would need to apply for a new one in the future.

Washington County Hearings Officer Joe Turner noted that officials could renew temporary permits as long as they aren’t for temporary storage or for relocated building structures.

In response to the issue of non-conforming use of land, Garrett Stephenson — an Oregon-based lawyer and In-N-Out’s representative for the case — said the chain’s “transportation management plan” could address concerns.

The plan was designed to prevent customers from interfering with highway traffic, an area of concern for many community members.

“Since we're going to be undertaking that exercise anyway, it seemed logical to us that we could include within that traffic management plan a component that would ensure that we are not causing queueing into the OC zone,” Stephenson said.

In-N-Out must submit its final argument to Washington County by April 2.